Ruchika case to be re-investigated: Moily
Chandigarh, Dec 29 (IANS):
The molestation and suicide of teenager Ruchika Girhotra will be
re-investigated as a 'model case' and the accused should be tried for abetment
to suicide of a minor to demonstrate that nobody can 'subvert the rule of law',
Law Minister Veerappa Moily said Tuesday.
“This could be a model case, where we will have to demonstrate to the entire
country that the rule of law is utmost and it will apply to everybody and rule
will have to be properly demonstrated - that is the will power of the nation,”
Moily told private news channel NDTV Tuesday (Ruchika's 16th death anniversary).
A special Central Bureau of Investigation (CBI) court in Chandigarh had Dec 21
held former Haryana director general of police S.P.S. Rathore guilty of
molesting 14-year-old Ruchika in Panchkula town Aug 12, 1990 and sentenced him
to a six-month prison term. Rathore was immediately granted bail. The budding
tennis player had committed suicide three years after the incident.
The law minister said that the case seems to have been built on the original
molestation complaint by Ruchika. But he felt that the subsequent harassment of
Ruchika, her brother and family should be the basis of the probe and trial.
“In fact, the first case was when attempt was made to molest the girl. The case
seems to have been built on that basis. But she died. All the harassment made to
her, (her) brother, of her (being) taken out from school leading to the
death…The right case is under Article 305 (of the Indian Penal Code) which is
about abetment of suicide of a minor,” said Moily.
The punishment under Article 305 is a life sentence. Moily said that the
authorities who subverted law to favour Rathore may also face charges of
abetment to suicide.
“Maybe under (a) new case, under Section 305/306 maybe all the authorities who
abetted - the authorities who threw her out of school, harassed the girl or her
brother, putting him inside the jail after handcuffing him and confining him for
two months…. It will be shown to world that no such offences, no such people
abuse their position to subvert the rule of law,” asserted Moily.
“But in the meanwhile, may be the National Commission for Women can go to
Supreme Court. We are all looking into this,” he said.
The minister said there were two options for further investigation. “One is
under section 354 (Assault or criminal force to woman with intent to outrage her
modesty), an appeal for a higher punishment. Another is under Section 305 or
306, depending on her age, a fresh investigation can be ordered,” said Moily.
The law minister said that learning from the experience in the case, a more
stringent law for faster trial for sexual offences will be enforced.
“We have been talking to the CBI (Central Bureau of Investigation). I have been
talking to the Solicitor General of India. In the long run, we would like to see
that rigorous law is enforced, particularly for sexual offences committed by
people.
"We are contemplating a Sexual Offences Special Courts' Bill, which will fast
track trial within six months or one year,” Moily added.
Probe against Ruchika's school
The Chandigarh administration has initiated a magisterial inquiry into the role
of a leading all girls school Sacred Heart here for expelling teenage
molestation victim Ruchika Girhotra in September 1990.
Ruchika was expelled from the school for unexplained reasons just a month after
she was molested by former Haryana Director General of Police (DGP) S.P.S.
Rathore in Aug 12, 1990.
Chandigarh Home Secretary Ram Niwas, who is also the education secretary, has
said that an inquiry will be conducted to probe the role of the school
management in the expulsion. "I had got the fax message from Madhu Prakash
(complainant in the case) yesterday, demanding a fair probe against the school.
Therefore I have marked this probe to sub-divisional magistrate (south) and told
her to submit the inquiry report to me within seven days," said Niwas on
Tuesday.
He added: "The probe will go into all aspects of this issue and will seek
answers from the school about why they expelled Ruchika." So far the management
of the school, in Sector 26 of this city, has been silent on the expulsion of
Ruchika, who was a class 10 student at that time.
At one stage the school had cited non-payment of monthly fees as a reason behind
this expulsion. Rathore had used this expulsion to counter the chargesheet
against him by claiming that Ruchika had been expelled on moral grounds.
A special CBI court in Chandigarh had held Rathore guilty Dec 21 of molesting
Ruchika in Panchkula town Aug 12, 1990 and sentenced him to a six-month prison
term. However, Rathore was immediately released on bail. Ruchika, a budding
tennis player, committed suicide three years after the incident.
A senior lawyer and a human rights activist Ranjan Lakhanpal is going to file a
Public Interest Litigation (PIL) on Tuesday in the Punjab and Haryana High
Court, demanding strict action against the school for expelling Ruchika.
Courtesy: http://www.deccanherald.com/content/43819/ruchika-case-re-investigated-moily.html